The Pennsylvania General Assembly Can End the State of Emergency, At Any Time!

As many of our readers are extremely frustrated with Governor Wolf's Order of Governor of the Commonwealth of Pennsylvania Regarding the Closure of All Businesses that are not Life Sustaining, and incorporated List of Life Sustaining Businesses, of March 19, 2020, it is important to know, while we await the Pennsylvania Supreme Court's decision, that … Continue reading The Pennsylvania General Assembly Can End the State of Emergency, At Any Time!

Emergency, Ex Parte Injunction Sought Against Pennsylvania Governor Wolf Regarding COVID-19 Order

Today, Chief Counsel Joshua Prince of the Civil Rights Defense Firm, P.C. and Attorney Adam Kraut filed an Emergency, Ex Parte Application for Extraordinary Relief Pursuant to the Pennsylvania Supreme Court's King's Bench Jurisdiction. The Application seeks a preliminary injunction from the Pennsylvania Supreme Court, enjoining Governor Wolf and those acting in concert with him … Continue reading Emergency, Ex Parte Injunction Sought Against Pennsylvania Governor Wolf Regarding COVID-19 Order

Governor Wolf Can Neither Shutdown Private Business Nor Confiscate Firearms and Ammunition

Since Governor Wolf's virtual press conference on March 16, 2020, there has been a lot of confusion about what, exactly, "nonessential" business are, whether he could shut them down, and speculation on whether he might seek to seize firearms and ammunition. During the press conference, he declared that "effective at midnight all nonessential stores are … Continue reading Governor Wolf Can Neither Shutdown Private Business Nor Confiscate Firearms and Ammunition

Another Pro-4th Amendment Decision from the PA Supreme Court!

Yesterday, the Pennsylvania Supreme Court issued its decision in Commonwealth v. Cost, 2020 WL 354975 (39 EAP 2018), which involved "whether a seizure has occurred during a police-citizen encounter [as a result] of an officer’s retention of an individual’s identification card. The question distills to whether a reasonable person would feel free to ignore the … Continue reading Another Pro-4th Amendment Decision from the PA Supreme Court!

Marsy’s Law Ballot Question is ENJOINED – BUT You Still Need to Vote “NO”

Moments ago, the docket in League of Women Voters of Pennsylvania, et al. v Kathy Boockvar, the Acting Secretary of the Commonwealth, was updated with the following AND NOW, this 30th day of October, 2019, Petitioners' Application for Relief in the Form of a Preliminary Injunction Under Pa.R.A.P. 1532 is GRANTED. The Acting Secretary of … Continue reading Marsy’s Law Ballot Question is ENJOINED – BUT You Still Need to Vote “NO”

Why You Should Vote “NO” on the Proposed PA Constitutional Amendment – Marsy’s Law (HB 276) – in November

This November when you go to the polls or if you’ve requested an absentee ballot, you may see the following question: Shall the Pennsylvania Constitution be amended to grant certain rights to crime victims, including to be treated with fairness, respect and dignity; considering their safety in bail proceedings; timely notice and opportunity to take … Continue reading Why You Should Vote “NO” on the Proposed PA Constitutional Amendment – Marsy’s Law (HB 276) – in November

Supreme Court holds that probable cause can defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.

On May 29, 2019, the U.S. Supreme Court decided the matter of Nieves v. Bartlett, Docket no. 19-1174. The central question was whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983. In a 6-3 decision, the Court held that because police officers had probable cause to arrest Russell Bartlett, his … Continue reading Supreme Court holds that probable cause can defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.

MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI

Today, Chief Counsel Joshua Prince and attorney Adam Kraut secured a major victory for Second Amendment jurisprudence in Holloway v. Sessions, et al., 1:17-CV-00081, where Chief Judge Christopher Connor of the Middle District of Pennsylvania ruled in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from … Continue reading MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI

Unlawful Use of Unmanned Aircraft Bill to be Signed into Law

UPDATE: Governor Wolf signed HB 1346 on October 12, 2018 and it became Act 78. Today, Representative Jeff Pyle's Unlawful Use of Unmanned Aircraft bill, HB 1346, was signed in the House, after passage in both the Pennsylvania House and Senate, and is expected to be signed by Governor Wolf in the near future. This … Continue reading Unlawful Use of Unmanned Aircraft Bill to be Signed into Law

HOW DOES ACCEPTANCE INTO THE ARD PROGRAM AFFECT POTENTIAL 1983 CIVIL RIGHTS CLAIMS

When an individual has been arrested and in the process his civil rights have been violated, he has the dilemma of navigating pending criminal charges and preserving any potential civil rights claim under 42 U.S.C. § 1983. In Heck v. Humphrey, 512 U.S. 477, 478, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the Supreme Court … Continue reading HOW DOES ACCEPTANCE INTO THE ARD PROGRAM AFFECT POTENTIAL 1983 CIVIL RIGHTS CLAIMS